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(영문) 대구고등법원 2015.04.03 2013누1776
유족보상금및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is that "the death of 12.14:20" in the second 10th 10th 1 of the judgment of the court of first instance was "the death of 14.12.14:20 (hereinafter "the accident in this case")", and the plaintiff's assertion that the plaintiff was unbrupted and emphasized in the trial of the court of first instance is as stated in the grounds of the judgment of the court of first instance, except for addition of the judgment as stated in the second 2nd 10th 2nd 2nd 2nd 2nd 2nd 30, and thus, it is invoked as it is in accordance with Article 8(2

2. Additional matters to be determined;

A. The Plaintiff’s assertion 1) The Deceased’s operation of a vehicle without any harsh door in the state of his/her overwork and work in outdoor for a long time, resulting in a serious fluorial color. 2) A hazardous substance, such as fine dust and diadideideideide, etc., generated at the workplace, led to the aggravation of the brut ties of the Deceased, which led to the aggravation of the brut ties of the deceased.

B. According to the statements and images (including paper numbers) of Gap evidence Nos. 6, 10, 17, and 8, it is recognized that the deceased's operation of a vehicle with no one door in winter and work for the deceased, and that the occurrence of fine dust, acrylicium, etc. occurs in the course of scrapping of scrap and scrapping.

However, the following circumstances, which are acknowledged by comprehensively taking account of the descriptions of evidence Nos. 9 and 18, witness D of the first instance court, and the overall purport of the pleadings as a result of the request for appraisal and supplementation to the head of the Ulsan National University Hospital Hospital of the first instance, i.e., ① the average daily working amount from December 21, 201 to December 27, 2011, prior to the occurrence of the instant accident, is not more than three times, and it is difficult for the deceased to deem that the instant accident occurred before the arrival of the day after the arrival of the day, ② the minimum temperature from the date of the instant accident was 4.6 Emb., and was demoted than usual.

It is difficult to see that the temperature sawd rapidly compared to the preceding day (YL 4.8C), and 3. the deceased.

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